1 Ethics-Nutrition Business-Ethics and Legalities 2022

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Nutrition Business:
Ethics and Legalities
2022
1 CPE hour Self-Study Course

Kathy King, RDN, LD, FAND, Author


© Updated, 2022 Helm Publishing, Inc.

Adapted from The Entrepreneurial Nutritionist, 4th ed.


Used by Permission
Lippincott Williams & Wilkins

Level: 1 Type of test: 740/Online


Suggested Performance Indicators: 1.1.1, 1.1.2, 1.1.4, 1.1.5, 2.1.8

Objectives
Upon completion of this course, users will be able to:
1. Explain the differences and give one example each term: conflict of interest, plagiarism,
and bribery.
2. Identify four ways a RDN or NDTR can promote ethics in nutrition businesses and in
practice.

Return the answer sheet and Critical Thinking Evaluation by mail, email, or fax,
and a Certificate will be emailed to you.

Email to: Service@HelmPublishing.com


Mail to: Helm Publishing, P.O. Box 2105, Lake Dallas, TX 75065
Fax to: 940-497-2927
Office phone: 940-497-3558

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Helm Publishing, Inc.

Critical Thinking Evaluation for Self-Study


CDR Process
These questions must be completed by all CDR credentialed practitioners upon
completion of a self-study CPE product approved after January 1, 2020 and returned to
the provider prior to receiving a certificate of completion. A copy of this form should also
be kept by the CDR credentialed practitioner. CDR credentialed practitioners must have
the form and the certificate in their files should they ever be audited. Failure to include
both certificate and completed tool will result in a failed audit and loss of the CPE credit.
Carefully reflect upon the learning that has occurred as a result of the completion of the self-
study and answer the following questions that will be used to assess elements of essential
critical thinking. Responses should be written in complete sentences and where appropriate
refer to the relevant section of the self- study material.
If you are not currently practicing, please reflect on your past or future practice.

Your name:
Name of course completed:
Number of CPE Hours:
Date:

1. Did you find the education valuable? Yes or no, please explain.

2. Did you or will you change your practice(s) based on what you learned in the program? What change
do you intend to make, or if no, why not?

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

3. What barriers or limitations do you anticipate when trying to implement this new information into your
practice?

4. What are the strengths and limitations of the information presented?

5. What are the identified gaps in the information provided? (Ex. Outcomes that apply to a specific
patient/client population; limited data in gender, age, other races, etc.)

6. What did you like most and least about the course?

7. What topics would you like to see Helm Publishing make into self-study courses in the future?

8. Approximately how many hours did the course take you to complete?

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Nutrition Business: Ethics and Legalities


The way in which people control their careers and conduct their businesses determine to a large
extent the loyalty of clients and the support of peers. Clients/patients want to be honestly and
ethically served for a fair price, they want compassion, and they want our words and actions to
have their best interest at heart. Our peers expect us to conduct ourselves professionally,
honestly, ethically, and within the law. They expect us to give accurate information, to be fair
and just, and not engage in questionable dealings.
As professional dietitians and dietetic technicians, we are expected to give the best
quality work we can. To do that, we have an obligation to remain current and up-to-date in our
field of knowledge—because that is what we have to market—along with our interpersonal skills.
Since the Commission on Dietetic Registration (CDR) has determined that the half-life of our
education is three years, clearly lifelong learning must be a high priority.1 An article in
FoodandNutrition.org magazine stated that the Accreditation Council for Education in
Nutrition and Dietetics (ACEND’s) research, which reviewed data from 100 articles and 10,000
responses from employers, practitioners, other colleagues, educators, etc., “revealed gaps
between current competencies and expected practice.”2 Every effort should be made to have our
nutrition knowledge timely, unbiased, evidence-based, and of such high quality the competition
cannot compete.
For a profession and its members to lead in their areas of expertise, exploration of new
ideas is mandatory. All too often in the past, health professionals were ridiculed by their
professional groups because they believed in something new and different, but completely
ethical, legal, and evidence-based. When judging the merit or ethical nature of a new idea, peers
and organizations must show some tolerance.

WHAT IS ETHICAL?
The Academy of Nutrition and Dietetics (CDR) and its credentialing agency, CDR, have written
an updated Code of Ethics for the Nutrition and Dietetics Profession, published on June 1, 2018
with four principles and 32 standards. A copy of the full document can be obtained online at
www.eatright.org/code-of-ethics.3 Selected components of the codes that relate to business
ethics include the following:3

1. Competence and professional development in practice (Non-maleficence):


• Practice using an evidence-based approach within areas of competence, continuously
develop and enhance expertise, and recognize limitations
• Demonstrate in depth scientific knowledge of food, human nutrition and behavior
• Assess the validity and applicability of scientific evidence without personal bias
• Interpret, apply, participate in and/or generate research to enhance practice, innovation,
and discovery
• Recognize and exercise professional judgment within the limits of individual
qualifications and collaborate with others, seek counsel, and make referrals as
appropriate
• Act in a caring and respectful manner
• Practice within the limits of their scope and collaborate with the inter-professional team

2. Integrity in personal and organizational behaviors and practices (Autonomy):


• Disclose any conflicts of interest. Refrain from accepting gifts or services which
potentially influence or which may give the appearance of influencing professional
judgment

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

• Comply with all applicable laws and regulations


• Maintain and appropriately use credentials
• Respect intellectual property rights regardless of the medium (e.g. written, oral,
electronic)
• Provide accurate and truthful information in all communications
• Document, code and bill to most accurately reflect the character and extent of delivered
services
• Respect patient/client’s autonomy and protect personal health information

3. Professionalism (Beneficence)
• Participate in and contribute to decisions that affect the well-being of patients/clients
• Respect the values, rights, knowledge, and skills of colleagues and other professionals
• Demonstrate respect, constructive dialogue, civility and professionalism in all
communications, including social media
• Refrain from communicating false, fraudulent, misleading, disparaging or unfair
statements or claims
• Uphold professional boundaries and refrain from romantic relationships
• Refrain from verbal/physical/emotional/sexual harassment
• Provide objective evaluations of performance, making all reasonable efforts to avoid bias
in the professional evaluation of others

4. Social responsibility for local, regional, national, global nutrition and well-being
(Justice):
• Collaborate with others to reduce health disparities and protect human rights
• Promote fairness and objectivity with fair and equitable treatment
• Engage in service that benefits the community and to enhance the public’s trust in the
profession
• Seek leadership opportunities in professional, community, and service organizations to
enhance health and nutritional status while protecting the public

DISCUSSION

Confidentiality of Patient Records


HIPAA requirements should guide the control of your patient records—they must be kept
confidential and allow the patient to make the decisions on who can see them.4 A patient has the
right to see and have a copy of his own chart; therefore, comments not related to the patient's
nutritional care should not be made in the chart. If a patient requests that his records be sent to
his physician, clinic, or other dietitian, get the release in writing and photocopy the materials—
keep one copy and send the other. Usually, it is recommended that you keep old patient charts
for as long as you are in business. If office storage space becomes a problem, scan the file pages
and store them electronically in a safe location.

Referrals to Other Professionals


It is considered good patient care and mandatory to refer patients to other health professionals
when their needs are outside your scope of practice. This is often done in the cases of anorexia
nervosa, when suicidal statements are made, or when the patient needs medical care or more
testing. If the patient has a referring physician, you should try to work through that physician to
help the patient.
It is ethical to suggest to patients to seek a second opinion in matters of health. Care
should be taken not to alarm the patient unnecessarily.

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Questioning Diet Orders


It is ethical, if not mandatory, for a dietitian to question a diet order that is not clear, reasonable,
or correct. Part of what the patient and the public expect from a professionally trained dietitian
is that decisions are made in the best interest of the patient. Therefore, communication between
a dietitian and the referring physician should be open, trusting, and friendly enough to easily
clarify diet orders and make suggestions. Often, after years working together, the RDN is the one
writing the diet order and communicating back to the physician.

Recommending Dietary Supplements 5-7


The profession has a very thorough article on recommending and selling dietary supplements at:
https://www.eatrightpro.org/practice/code-of-ethics/ethics-education-resources/guidelines-
regarding-the-recommendation-and-sale-of-dietary-supplements-full-text 5

Selling Supplements and Other Products


Guidelines for selling products by health professionals have been published for years and are
summarized:7
• Provide patients with enough information so they know why the supplement is
recommended, its dosage, and possible side effects or interactions.
• Disclose that you are making a profit from the sale of the products.
• Tell patients they are free to buy the products wherever they like. Stress the
minimum quality standards or recommended brands.
• If possible, offer several acceptable products with a range of prices.
• Do not recruit patients in any manner for multi-level marketing or buying clubs.

WHO JUDGES ETHICS IN BUSINESS?


Ethics may be "judged" by our clients, by employers, by professional and business peers, by
government agencies like the Public Health Department, and by business organizations, such as
the Better Business Bureau and the local Chamber of Commerce. If no one complains, probably
no one will ever be concerned about you or your business. Complains made in the public arena
should be taken seriously and a positive resolution sought. Complaints are part of having a
business and can be a way to improve and better a business. However, fear of ethical breaches
should not paralyze you or make you compromise on matters that you feel are right, especially if
they do not violate any of the codes in the Academy/CDR Code of Ethics.3

Ethical Complaint
If the dietetics professional is a contractual consultant or employee, an ethical matter can be
simply addressed in-house. If the person is in private practice, more than likely it will be a
patient, or local/state dietetic organization, or state licensing board that first questions a
professional’s ethics. If the matter is serious enough, the Ethics Committee of the Academy will
review the case in terms of considering violation, censoring, or revocation of membership. For
more information, please read the following: https://www.eatrightpro.org/practice/code-of-
ethics/what-is-the-code-of-ethics/ethics-complaints-and-violations 8
Peers have the obligation to handle an ethical review in a professional manner and not
commit slander, libel, or character assassination. The accused individual has the basic right to
be considered innocent of the violation unless proven otherwise.6

The Individual
Ultimately, of course, it is individual practitioners who must live with their own decisions. We
all have varying degrees of restrictions we place on our actions, according to what we believe and

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

our value systems. We tempt our ethical boundaries every time we do not disclose in our blog
that a food company pays us as a consultant when we make a comment about their products, or
when we disclose confidential client information to a third party.

Honesty in Business
In an article, "Why be honest if honesty doesn't pay?" authors Bhide and Stevenson found in
extensive interviews that treachery can pay.9 There is no compelling economic reason to tell the
truth or to keep one's word. In the real world, punishment for the treacherous is neither swift
nor sure, even when wrongdoing has been clearly shown. “Conscience, rather than calculation,
explains why most businesspeople keep their word and deal fairly with one another. It is the
absence of predictable financial rewards that makes honesty a moral quality to be cherished.”9

WHAT IS UNETHICAL IN BUSINESS?


Other than failing to follow the previously mentioned ethical practices, it is also unethical to
commit theft, fraud, and other illegal acts. Many activities are open to interpretation, while
others are very clearly defined by local and federal governments, and our profession.

Deceptive Advertising
If an advertisement is deceptive, it is unethical, regardless of its intent.10 Although enforcement
may be a problem, the law supports this position.

Bribery and Kickbacks


Bribery is the act of taking or receiving something with the intention of influencing the recipient
in some way favorable to the party providing the bribe.10 Bribery is typically considered illegal
and can be punishable by jail time or stiff fines if authorities find out about the bribe. Bribery is
a payment that helps a person have unfair advantage. Gifts, free registration for events, and
travel can be forms of bribery and many companies and government agencies set stringent
limits on the value of accepted items (usually under $25).3,10
As it relates to our profession, a "kickback" is a payment resulting from non-contractual
favoritism, usually involving restraint of trade.10 For example, a referring physician or clinic
wants a percentage of your patient counseling fee merely for the referral of a patient, and if you
refuse, the referral will be made instead to a competitor. It also can occur when a food service
dietitian awards a contract in return for receiving remuneration "under the table.” The
government feels that patients should not have to pay to be referred for proper care. Employers
and client accounts should be able to have fair, transparent, and honest contracts without the
negotiator making a secret profit.
A point of clarification should be made here concerning office sharing and paying either
a flat rate or a percentage of your income for it. If office space is exchanged in return for you
seeing office patients, it is not considered a kickback to pay for the space.

Conflict of Interest
The rule of thumb on conflict of interest centers on concealment and whether all parties are
aware the professional is “wearing more than one hat.”10 For example, it is very common for
sponsoring organizations to ask their speakers or authors if they work for a food or nutraceutical
company, and whether the company’s products will be mentioned in the speech or written
material. The concern is whether the audience is getting unbiased information or commercial
announcements. Conflict of interest also happens when a contract is awarded to a relative or
close friend when the client account is unaware of the relationship. If the client knows of the
relationship and agrees with the decision, it is not a conflict.
Nepotism is a form of discrimination in which family members or friends are hired for
reasons that do not necessarily have anything to do with their experience, knowledge, or skills.8

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

It is no problem if you do not have other employees, but it can really hurt morale if the present
employees work hard and they see others without experience or skill being promoted ahead of
them. “Resentment and indifference can lead to reduced productivity as well as employee
turnover if workers decide that nothing will ever get better.”11

Ignorance of the Law


Ignorance of the law does not constitute a defense or justification from a legal or ethical
standpoint. 10

Price Fixing
Price fixing is a conspiracy by “competitors” to set prices and is both unethical and illegal.10 This
exists when professionals discuss in writing or verbally what to charge for services. The concern
is that the buying public is not getting the best price because everyone who provides a certain
service is influenced to charge a certain fee—instead of allowing competition to prevail.

Practicing Medicine
State medical licensing boards and medical societies are very concerned when they feel people
are overstepping their professional scopes of practice into practicing medicine. The line is not
always clearly defined, but it usually involves making diagnoses from the patient's symptoms
and tests (X-rays, CAT scans, blood tests, etc.), and representing oneself as "curing" a patient.12
Several physicians or medical societies have accused private dietetics practitioners of
practicing medicine. The known instances involved a dietitian passing out a medical diet based
upon symptoms, and poor word choice in an advertisement. The problems were resolved but
only after much trouble and embarrassment. Care must be taken not to insinuate that diagnoses
are being made.

Misrepresentation of Ownership of Ideas


Ethically, the important point to remember is we should respect the legal protection offered by
the copyright, patent, or trademark. Also, there may be a unique business concept closely
associated with a competitor in your market. If you copy the idea, do not be surprised if the
person feels you have infringed upon her or his business. Although you may not have broken any
laws, you may be generating unnecessary bad will for your business and possibly an ethics
violation.
Taking credit for an idea that is not yours or not giving credit to a source is unethical and
plagiarism. “Plagiarism is an act of fraud; it involves both stealing someone else’s words and
then lying about it.”13 All of the following are considered plagiarism:13
• Turning in someone else’s work as your own
• Copying words or ideas from someone without giving credit
• Failing to put a quotation in quotation marks
• Giving incorrect information about the source of a quotation
• Changing words but copying the sentence structure of a source without giving credit
• Copying so many words that it makes up most of the article—credit may be given, but
permission from the copyright owner should be obtained before using so much content13

MALPRACTICE
Nutritional malpractice occurs when a dietitian fails to meet the accepted standard of care and
the action results in harm to the patient. There have been cases where dietitians have been sued
for malpractice, and the possibility of more cases in the future is very real. As dietitians become
more visible professionally, as they take the initiative to prescribe diets, as malnutrition is
diagnosed in institutions more often, and as more attorneys use "blind pleading" in suits for
their clients, where more professionals are implicated, the risk of a suit is more likely.14

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Life and business are not risk free. However, having a basic understanding of the legal
system as it applies to malpractice may help to minimize the risk, and its accompanying expense
and embarrassment.

Legal Principles
In their article, "Malpractice Law and the Dietitian,"12 Elizabeth and Daniel Reidy state, "Each
person is required by law to exercise a certain standard of care in order to avoid causing injury
to the person or property of others. If a person fails to meet that standard and that failure causes
harm to another's person or property, then the person is liable for the damage. This is the basic
law of negligence. Dietitians—like physicians, lawyers, accountants, and other professionals—
must exercise the skills and knowledge normally possessed by members in good standing of
their profession.”12
“There is no theoretical minimum harm a patient has to prove. Simply demonstrating
that negligence of proper care on the part of the dietitian caused discomfort or delayed the
recovery process constitutes the basis for a lawsuit. However, if the patient does not prove the
dietitian's care caused some injury to him, there can't be a finding of liability against the
dietitian.”12

Protecting Yourself from Malpractice


Along with giving good care, a dietitian should stay current with new advances or practices in
the field of nutrition. In a court of law, documentation of proper care and communication about
the patient's poor or excessive eating habits to the proper channels is extremely important.
Records should show the proper information was given to the patient, his progress was
adequately followed, or if he did not return or follow it, it should be so stated, and the referring
physician should be advised of the patient's progress or lack thereof by phone call and in
writing.

Finger-Stick Blood Screening


Screening for glucose or cholesterol problems is now so common in grocery stores and wellness
health screens that by itself without diagnosing, it is not considered practicing medicine. To
avoid problems, laboratory results must be reported as compared to “normal” ranges. When the
results are out of the norm, people should be referred to their health care providers.
According to an announcement in the AND Courier, "Members covered by ADA-
sponsored liability insurance are protected against malpractice suits when performing finger-
stick blood screening, a procedure many dietetic professionals include in their practice as a
client service. This simple screening technique can identify possible health problems related to
blood sugar and cholesterol. When questionable results are obtained, the client is referred to his
or her physician for further laboratory analysis. Diet modifications are made only after the
client's condition has been assessed. Malpractice insurance coverage for eligible members is
effective, provided the RD practitioner has received training on the screening techniques.”15

What is Libel and How Is It Different?


“Legally, libel is any statement or representation published without just cause or excuse, or by
pictures, effigies or other signs tending to expose another person, corporation, or product to
public hatred, contempt or ridicule.”14 Calling someone a "quack” or "incompetent" could cause
defamation. However, you should not be discouraged from stating nutrition facts as you know
them, backed up with current scientific evidence.
Don Reuben, an attorney for Reuben and Proctor in Chicago, Illinois, has stated that in
cases where a dietitian makes a public statement about an issue, "A dietitian's key defense
against a public person (corporation) or government official who sues for libel is that the suing
party must prove the dietitian knew it was libelous at the time of the statement. A dietitian is an

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

expert and professionally trained authority who has the right to express nutrition facts as she
sees them under fair comment protection.”14
Victor Herbert, a physician and lawyer, has stated, "If a private individual or company
sues you for speaking the truth as you see it, without malice, countersue on the grounds of
malicious harassment and abuse of process. Ask the court to order the plaintiff to pay your legal
fees, as suggested by Federal Judge A. Sofaer in NNFA (National Nutritional Foods Association)
vs. Whelan and Stare (78 Civ. 6276 [ADS], U.S. District Court, So. District of New York)”14
Betty Wedman, RDN, who was threatened with a libel suit by a food company for a
statement she made, has stated, "From personal experience let me emphasize the need for daily,
detailed logs of conversations that could be used in a court of law, if litigation were pursued.
Keep records and be widely read; check out your facts with reference books and other
professionals, and you need not be intimidated by the food industry, drug manufacturers,
physicians, or patients.”14
Malpractice insurance will usually cover your court costs and up to a maximum amount
for a settlement for nutrition-related libel suits. Check with your insurance agent or policy
concerning all items that they cover.

ETHICAL ISSUES AND SOCIAL MEDIA


According to the Ethics Resource Center (ERC), President, P. Harned, in its ethics and social
media study, an “active social networker” was defined as a person who “spends 30% or more of
their work day participating on various social network sites” – not as part of their job
responsibility.16
Social media can bring businesses and the owners closer to their clients, patients,
communities, suppliers, and colleagues. It can speed up communication, help create
relationships, improve a brand, or take an idea viral.16-20 However, social media use by
employees can also open companies up to misuse of its resources, conflicts of interest, valid or
undeserved criticism, loss of proprietary secrets, lawsuits, and higher risk of identity theft.19,20
One source suggests providing employees with their business computers and handheld devices
instead of allowing them to bring their own device (BYOD) to work because security breaches by
former employees with still valid passwords is a growing problem for businesses.21
The key is for management to set boundaries, define professional behavior, and explain
risks and how to avoid them. The depth of the social media policy should be proportional to the
company’s exposure and it should be flexible enough to encompass the breadth of present and
coming technologies and formats.10 According to Steven Mintz, a writer on social media ethics in
the workplace, a company’s policy and procedures on social media need to cover the following
things: 20
• Clarify the distinction between use of social media for the company versus personal use
• Disclose the company’s monitoring and auditing program of employee use
• Clarify and assess proper company use of social media
• Insist upon compliance with laws and regulations
• Educate employees on proper and improper use of social media

In an article on “Ethics in Nursing: Social Media Do’s and Don’ts,” Shantelle Coe, lists the top
five guidelines, which apply to our dietetics profession as well: 22
• Don’t discuss or disclose sensitive or Protected Health Information (PHI).
• Do exercise judgment when posting opinions and photos.
• Do respect HIPPA privacy laws and adhere to the policy.
• Don’t expect any privacy when posting on social networking sites.
• Do use networking/social media sites for educational and professional networking.

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

This sounds like common sense but considering the number of new rules, new technologies,
policies, and lawsuits, it is a grey area for many employees and businesses.

Social Media Scenarios 3,5,17-20,22-23


Scenario #1
A dietitian employer of four dietetic professionals became aware that during business hours
many were using their computers or phones to check Facebook, Twitter, play games, and buy
items online. One person had a reputation among the staff as the biggest user.

Employers have a responsibility to monitor and assess how employees spend their time.
During business hours, employees have the responsibility to complete their job description
duties and not conduct personal business, shop online, or play games. “However, no one
employee should be singled out for monitoring. If monitoring is to occur, it needs to involve all
employees to avoid anyone from making accusations of a hostile work environment.3,18
Employers must be careful with any personal information they find when monitoring
(religion, health issues, ethnic) that is protected by federal law.18 It is legal to block Facebook
and other non-business related social media.3,18

Scenario #2
A RDN employer wants to check out the applicants for a new position and she is tempted to
check Facebook, LinkedIn, and several other online sites to see what applicants had posted. She
is not sure what is legal and what is unethical.

It is legal and ethical to read public information about applicants on Facebook, LinkedIn, etc.
and read what they have posted in public areas. It is not legal or ethical to ask applicants for
their passwords or to visit their private sites without permission or to access medical records—
this also is considered dishonest and disrespectful. 3,5,17-20,22,23

Scenario #3
An employee posted negative comments about her employer’s low wages and poor benefit
package in the public section of Facebook. Her employer heard about it and is considering the
options on what to do.

According to AND’s Ethics Case Studies: Impact of Social Media, “The National Labor
Relations Board (NLRB) has brought a number of cases against employers for terminating
employees for making negative comments about the company online.”23 NLRB protects the
rights of employees to unionize, discuss wages, or working conditions, etc. It “prohibits
employers from disciplining or terminating employees for having these conversations even if
they occur online.”23 Employees can be disciplined when comments are untrue, or unrelated to
working conditions.
The company Policy and Procedures on Social Media should cover the posting of
negative information on working conditions, benefits, or wages, and should be discussed with
all employees. Social media must be used while off-duty on a personal computer, not the
company computer. Stating sensitive, confidential, and untrue information on the excluded
topics (products, services, and business practices) are grounds for discipline or termination.
5,17-20,22-24

CONCLUSION
Interpreting ethics can be challenging when conducting business or using social media. The
Ethics Committee of the Academy of Nutrition and Dietetics created several documents with
sample scenarios for its members that are available online or you can ask for a ruling on an issue
by contacting them.

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

The dietitian's main concerns should always be the welfare of her patients and the
quality of her work. Always remember we also have a responsibility to “Lead, follow, or Get Out
of the Way” in the area of nutrition and its future practice. We cannot be the leader if we only
repeat what were taught ten to twenty years ago. By offering quality, humanistic care, good
management practices, and documenting our services, practitioners should be able to conduct
business with a minimum fear of risk.

REFERENCES

1. Continuing Professional Education Provider Accreditation Program Handbook.


www.cdrnet.org/vault/2459/web/files/Accredited%20Provider/AP%20Handbook%20June%202018.pdf
Accessed 11/1/2021.
2. ACEND Introduces Future Education Model Accreditation Standards. FoodandNutrition.org.
November/December 2018.
3. Code of Ethics. Academy of Nutrition and Dietetics/Commission on Dietetic Registration. 2018.
Accessed 1/1/19 at www.eatright.org/code-of-ethics
4. What is HIPPA and What Does It Mean to Me? HG.org. Accessed 2/5/17 at
http://www.hg.org/article.asp?id=31078
5. https://www.eatrightpro.org/practice/code-of-ethics/ethics-education-resources/guidelines-regarding-
the-recommendation-and-sale-of-dietary-supplements-full-text Accessed 1/1/19.
6. Practice Points. Ethical considerations in dietetic practice. J Am Diet Assoc. 2000;100:454.
7. Guidelines for Selling Supplements to Patients. American Nutraceutical Association; 1997.
8. https://www.eatrightpro.org/practice/code-of-ethics/what-is-the-code-of-ethics/ethics-complaints-and-
violations Accessed 1/1/19.
9. Bhide A, Stevenson H. Why be honest if honesty doesn't pay? Harvard Business Review;
September/October, 1990.
10. Sobel M. The 12-Hour MBA Program. Paramus, NJ: Prentice Hall; 1993.
11. Hamlett C. Nepotism in the Workplace With Friends. Chron.com. Accessed 2/7/17 at
http://smallbusiness.chron.com/nepotism-workplace-friends-13206.html
12. Reidy E, Reidy D. Malpractice Law and the Dietitian. J Am Diet Assoc; 1975:10:75.
13. What is Plagiarism? Accessed 2/7/17 at http://www.plagiarism.org/plagiarism-101/what-is-plagiarism
14. Baird P, Jacobs B. Malpractice Your Day in Court. Food Management Magazine; February 1981.
15. News Notes. Courier. The American Dietetic Association; May 1990.
16. National Business Ethics Survey. Ethics Resource Center. Accessed on 12/26/14 at
http://www.ethics.org/topic/national-surveys
17. Brooks C. Social Media Contributes to Ethical Lapses at Work. Accessed 12/26/14 at
http://www.businessnewsdaily.com/1879-social-media-ethics.html
18. Ethics Case Studies: Impact of Social Media. Academy of Nutrition and Dietetics. Accessed 12/16/14
at www.eatright.org/codeofethics
19. Lauby S. Ethics and Social Media: Where Should You Draw The Line? Accessed 12/16/14 at
http://mashable.com/2012/03/17/social-media-ethics/
20. Mintz S. Social Media Ethics in the Workplace: Workplace Ethics Advice. Accessed 12/26/14 at
http://www.workplaceethicsadvice.com/2011/08/social-media-ethics-in-the-workplace.html
21. E RADAR Team. Legal risks in employees using own personal devise at work. Accessed 12/26/14 at
http://www.eradar.eu/legal-risks-in-using-own-devices-a-work/
22. Coe S. Ethics in Nursing: Social Media Do’s and Don’ts. Accessed 12/26/14 at
http://www.nursetogether.com/ethics-in-nursing-social-media-dos-and-donts
23. National Labor Relations Act. Accessed 12/26/14 at http://www.nlrb.gov/national-labot-relations-act
24. 12 Examples of Business Ethics and Why They're Important. June 21, 2021. Indeed Editorial Team.
Accessed 11/1/2021. https://www.indeed.com/career-advice/career-development/example-of-
ethics#:~:text=June%2021%2C%202021%20Businesses%20have%20an%20obligation%20to,challeng
es%2C%20provide%20exceptional%20service%20and%20retain%20quality%20employees.

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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022

Questions (circle or highlight answer)


1. Which list best describes what patients expect from professional dietetic practitioners? Mark one.
a. Evidence-based, unbiased, within the law
b. Timely, credentials are current, professionalism
c. Their best interest is your goal, honesty, fairly-priced, compassion
d. Your credential is current in the state, fairly-priced, timely

2. How long is it recommended to keep old patient files confidential and safely stored?
a. For seven years like taxes
b. For ten years after the patient dies
c. For twenty years after the patient’s last appointment
d. For as long as you are in business

3. The best definition of bribery is which one?


a. A payment that gives the person paying it an unfair advantage over the competition
b. A payment that restores faith in a person and pays past bad debts
c. A payment in return for referral of patients to a dietetic professional
d. A payment that covers office space and utilities for a professional’s business

4. If all parties are not aware that a practitioner is being paid by a third party or is serving on the Board of a company
in a competing industry, it can be called which one?
a. Bribery
b. Conflict of interest
c. Biased intent
d. Kickback

5. Which one is an example of “plagiarism?”


a. Failing to put a quoted statement in quotation marks
b. Not asking permission from a copyright owner for using their logo
c. Listing references at the end of the book or online instead of at the end of each chapter
d. Turning in a short report with few original statements and a list of more than 50 references

6. What is the basic law of negligence for a dietetics practitioner?


a. When a diet order was read wrong and the wrong printed information was handed out; but it was
corrected during the appointment
b. When the accepted standards of practice are not followed and it results in harm to the patient
c. When patient education materials had a 1998 copyright date but still follows accepted guidelines
d. When the patient does not actually prove the practitioner’s care caused injury or harm

7. In a court of law, when a practitioner has made a public statement based upon her expert judgment and she is
sued for libel, which one is the key defense for the dietitian?
a. Countersue on grounds of malicious harassment
b. If the person was not called a quack or incompetent, there is no merit to the case
c. The rule of law is on her side if her/his registration and license are up-to-date
d. Fair comment protection and she had to know it was libelous at the time it was said

8. Which list contains potentially positive results from allowing employees to use social media at work? Mark one.
a. Fast use of resources, speeds up communication, avoids conflicts of interest
b. Conflicts of interest, loss of secrets, poorer relationships with clients/patients
c. Speeds up communication, improves a brand, takes an idea viral, can create relationships
d. Delayed verbal communication, may ruin a brand, loss of secrets, possible lawsuits

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